· 10/10/1997
Tudhope v. Riehle
Citations
- 704 A.2d 765
- 167 Vt. 174
- 1997 Vt. LEXIS 258
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that separate action complaining of fraudulent inducement to enter settlement agreement in a prior divorce was barred by res judicata
- noting that motion for relief from judgment in family court is proper avenue of relief for challenging separation agreement that was incorporated into final divorce order
- explaining that collateral attack on divorce order incorporating parties’ settlement agreement was not permissible merely because one-year period for Rule 60(b)(1
- reiterating that “a civil action in tort is fundamentally different from a divorce proceeding, and that the respective issues involved are entirely distinct” (citation omitted)
- upholding dismissal of wife’s damages complaint, alleging fraud and uncon-scionability, as “nothing more than a collateral attack on the divorce judgment”
- collateral attacks on validity of divorce order and settlement agreement incorporated therein are barred under principles of res judicata
Source: CourtListener parenthetical corpus (CC0).
Judges: Gibson, Dooley, Morse and Johnson, Jj., and Suntag, District Judge, Specially Assigned
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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